Equine Regulatory Law Seminar Handbook

The Kentucky Bar Association Equine Law Section presents

Equine Regulatory Law: An End of the Year Update CLE Seminar

This program has been approved in Kentucky for 3.00 CLE Credits including 0.00 Ethics Credit.

Compiled and Edited by: The Kentucky Bar Association Office of Continuing Legal Education for Kentucky Bar Association Equine Law Section

Editor’s Note: The materials included in this Equine Regulatory Law seminar book are intended to provide current and accurate information about the subject matter covered. The program materials were compiled for you by volunteer authors. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of the Kentucky Bar Association disclaim liability therefor. Attorneys using these materials or information otherwise conveyed during the program, in dealing with a specific legal matter, have a duty to research original and current sources of authority.

Equine Regulatory Law CLE Seminar

Table of Contents

Agenda ...... i

Speakers ...... iii

Private Sales, Auction Sales and "Transparency"...... 1

An Analysis of Thoroughbred Parimutuel Racing Regulatory Rulings Issued as a Result of Drug/Medication Rule Violations ...... 19

Equine Regulatory Law: 2012 – The Year in Review ...... 23

Appendix A: Dutrow v. New York State Racing and Wagering Board ...... 33

Appendix B: Moreno v. Penn National Gaming, Inc...... 37

Appendix C: Hearing Officer's Report and Recommended Decision in the Matter of: The Ejection Appeal of Mark Wedig ...... 51

Appendix D: "Trainer Pleads His Case on Anti-Slaughter Policy" ...... 67

Appendix E: Sample Anti-Slaughter Policies ...... 73

Appendix F: Veitch v. Kentucky Horse Racing Commission ...... 77

Equine Regulatory Law CLE Seminar November 15, 2012 Kentucky Derby Museum Louisville, Kentucky

8:00-9:00 a.m. Registration & Continental Breakfast

9:00-10:00 a.m. Legal & Case Law Developments: Update on Horse Sales & Auctions (1.00 CLE credit) Alfred H. Nuckols, Jr.

10:00-11:00 a.m. Legal & Case Law Developments: Update on Drug Laws & Regulations on Race Day and Every Day (1.00 CLE credit) Matt F. Iuliano

11:00-11:15 a.m. Break

11:15 a.m.-12:15 p.m. Equine Regulatory Law: 2012 Case Law Review (1.00 CLE credit) Robert L. Heleringer

12:15-12:30 p.m. Break

12:30-1:30 p.m. Luncheon

Presentation of the First Annual Edward S. "Ned" Bonnie Award to the Equine Law Practitioner of the Year

Special Recognition of Mr. Fred Bradley by the KBA Equine Law Section

ii SPEAKERS

Alfred H. Nuckols, Jr. Hurstland Farm Post Office Box 741 Midway, KY 40347 859.846.4435

Alfred H. Nuckols, Jr. is the owner/manager of Hurstland Farm, a commercial breeding, boarding and sales operation in Central Kentucky near Midway. He received his B.A. from the University of Pennsylvania and his J.D. from the University of Kentucky College of Law. He is a member of the Kentucky Thoroughbred Farm Managers Club, the Thoroughbred Club of America, and the Keeneland Club. Mr. Nuckols is also a member of the Kentucky Bar Association and its Equine Law Section.

Matt F. Iuliano Executive Vice President & Executive Director The Jockey Club 821 Corporate Drive Lexington, KY 40503 859.224.2721

Matt F. Iuliano became the Executive Vice President and Executive Director of The Jockey Club, the breed registry for all Thoroughbr